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Thread: OC in Durham question??

  1. #1
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    Question OC in Durham question??

    i found this on municode.com after reading another thread about some grey areas on OC. I want to know if i am reading too much into this or does this mean no OC at these locations, service stations, i consider gas stations, shopping centers considered wal- mart, lowes.

    Durham County:

    sec 46-23 -display of firearm or other dangerous weapons at public places or public assembly prohibited

    (a)
    It shall be unlawful for any person to display a firearm or other dangerous weapon, as defined by section 46-22 in any public place or at any public assembly.

    (b)
    For purposes of this section, the following words have the meanings indicated:Public assembly means any gathering where the public has been invited, without payment of an admission fee or charge, for the purpose of viewing or participating in some function or event, including but not limited to, concerts, fairs, expositions and health screenings, and the public parking areas thereof.

    Public place means privately owned property or part thereof which is commonly made available for the use and enjoyment of the general public, including but not limited to, religious facilities, hospitals, medical clinics, restaurants, service stations and garages, shopping malls and shopping centers, stores, office buildings and theatres, and the public parking areas thereof.

  2. #2
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by jeffrey xd45 View Post
    i found this on municode.com after reading another thread about some grey areas on OC. I want to know if i am reading too much into this or does this mean no OC at these locations, service stations, i consider gas stations, shopping centers considered wal- mart, lowes.

    Durham County:

    sec 46-23 -display of firearm or other dangerous weapons at public places or public assembly prohibited

    (a)
    It shall be unlawful for any person to display a firearm or other dangerous weapon, as defined by section 46-22 in any public place or at any public assembly.

    (b)
    For purposes of this section, the following words have the meanings indicated:Public assembly means any gathering where the public has been invited, without payment of an admission fee or charge, for the purpose of viewing or participating in some function or event, including but not limited to, concerts, fairs, expositions and health screenings, and the public parking areas thereof.

    Public place means privately owned property or part thereof which is commonly made available for the use and enjoyment of the general public, including but not limited to, religious facilities, hospitals, medical clinics, restaurants, service stations and garages, shopping malls and shopping centers, stores, office buildings and theatres, and the public parking areas thereof.

    From my understanding of NCs "State Preemption" statute, this municipal code is illegal. Cities or counties may pass laws prohibiting carry on city or county-owned property, but NOT on public property owned by the State (which is ALL streets and highways) or regulating carry on private property, except for the city of Cary, which has a special exemption.

    But IANAL...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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  3. #3
    mattwestm
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    We all know what roots that municipal code has. I constantly wonder why it's still okay to keep racist laws like this around.

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    i was more worried about the display of a firearm ban as stated above section (a), making OC illegal, right?
    Last edited by jeffrey xd45; 07-04-2011 at 12:26 AM.

  5. #5
    Regular Member EricDailey X-NRA's Avatar
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    OC ban sidewalks, Cary NC

    Quote Originally Posted by Dreamer View Post
    From my understanding of NCs "State Preemption" statute, this municipal code is illegal. Cities or counties may pass laws prohibiting carry on city or county-owned property, but NOT on public property owned by the State (which is ALL streets and highways) or regulating carry on private property, except for the city of Cary, which has a special exemption.

    But IANAL...
    FYI
    This is the NC statute used by Cary NC to ban OC on sidewalks, streets, alleys, etc. It may be used by any city in NC.

    GS160A-189 Firearms
    http://www.ncga.state.nc.us/enactedl...s_160a-189.pdf

    This is the Cary PD narrative on the Ordinance, it links to the actual Ordinance, Sec.22-51.
    http://www.townofcary.org/Department...wn_of_Cary.htm


    This NC statute may be used by Counties to ban OC on sidewalks, streets, alleys, etc.
    GS153A-129 Firearms
    http://www.ncga.state.nc.us/enactedl..._153a-129.html

    I don't know an answer to the OP.
    Last edited by EricDailey X-NRA; 07-04-2011 at 04:12 PM. Reason: streets, alleys, It may be used by any city in NC., streets, alleys
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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    FYI
    This is the NC statute used by Cary NC to ban OC on sidewalks, streets, alleys, etc. It may be used by any city in NC.

    GS160A-189 Firearms
    http://www.ncga.state.nc.us/enactedl...s_160a-189.pdf

    This is the Cary PD narrative on the Ordinance, it links to the actual Ordinance, Sec.22-51.
    http://www.townofcary.org/Department...wn_of_Cary.htm


    This NC statute may be used by Counties to ban OC on sidewalks, streets, alleys, etc.
    GS153A-129 Firearms
    http://www.ncga.state.nc.us/enactedl..._153a-129.html

    I don't know an answer to the OP.
    Cary cannot ban licensed, CC due to state preemption. Their ordinance is BS. OC is another issue, evidently.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  7. #7
    Regular Member EricDailey X-NRA's Avatar
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    No

    Quote Originally Posted by Gunslinger View Post
    Cary cannot ban licensed, CC due to state preemption. Their ordinance is BS. OC is another issue, evidently.
    You are mistaken.
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  8. #8
    Regular Member EricDailey X-NRA's Avatar
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    No NC Preemption Law

    Quote Originally Posted by Dreamer View Post
    From my understanding of NCs "State Preemption" statute, this municipal code is illegal. Cities or counties may pass laws prohibiting carry on city or county-owned property, but NOT on public property owned by the State (which is ALL streets and highways) or regulating carry on private property, except for the city of Cary, which has a special exemption.

    But IANAL...

    Quote Originally Posted by EricDailey X-NRA View Post
    .

    The "Title" of this Law 14-409.40, is "Statewide uniformity of local regulation."
    The law does have the word "preemption" in it but it is so full of EXEMPTIONS that it could be titled "SWISS CHEESE".

    The purpose of this bill is ONLY to protect gun makers and sellers from municipal lawsuits. Only the NC atty general can sue gun folks for the injuries to persons in NC. This bill is only to stop the Brady crowd from helping Chapel Hill from suing Smith and Wesson and Winchester. This bill (14-409.40) could be named the "NRA financial patron protection act" You can probably find one just like in in every state in the Union.
    No NC Preemption Law.
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  9. #9
    Regular Member EricDailey X-NRA's Avatar
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    Great Work jeffrey xd45

    Quote Originally Posted by jeffrey xd45 View Post
    i found this on municode.com after reading another thread about some grey areas on OC. I want to know if i am reading too much into this or does this mean no OC at these locations, service stations, i consider gas stations, shopping centers considered wal- mart, lowes.

    Durham County:

    sec 46-23 -display of firearm or other dangerous weapons at public places or public assembly prohibited

    (a)
    It shall be unlawful for any person to display a firearm or other dangerous weapon, as defined by section 46-22 in any public place or at any public assembly.

    (b)
    For purposes of this section, the following words have the meanings indicated:Public assembly means any gathering where the public has been invited, without payment of an admission fee or charge, for the purpose of viewing or participating in some function or event, including but not limited to, concerts, fairs, expositions and health screenings, and the public parking areas thereof.

    Public place means privately owned property or part thereof which is commonly made available for the use and enjoyment of the general public, including but not limited to, religious facilities, hospitals, medical clinics, restaurants, service stations and garages, shopping malls and shopping centers, stores, office buildings and theatres, and the public parking areas thereof.
    From you OP on this ordinance I had to find out if there would be a problem for our scheduled Meetup.com Triangle Open Carry Event posted at the Meetup page for Friday July 8th at 7 PM in Durham City, NC at the Bob Evans restaurant on Mt. Moriah Road.

    After some research I called the Durham City Police attorney Ms. Toni Smith with the question about this ban on OC in Durham. Her response to me is that they have determined that there is no statutory authority for the ordinance. Ms. Smith told me the Chief of Police will be issuing a directive to the Department against any officer enforcement of this ordinance. The Department will advise the Durham City attorney that the Durham City council should correct this ordinance to comply with NC statutes.

    Much credit goes to you jeffrey and OCDO for this improvement.

    EDIT: this ordinance 46-23 is in fact for Durham City NC and not a Durham County NC ordinance.
    Last edited by EricDailey X-NRA; 07-07-2011 at 12:16 PM. Reason: 8th, city not county
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  10. #10
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    You are mistaken.
    § 160A-189. Firearms.
    A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law-enforcement officers, and may regulate the <<<<<display of firearms>>>> on the streets, sidewalks, alleys, or other public property. Nothing in this section shall be construed to limit a city's authority to take action under Article 36A of Chapter 14 of the General Statutes. (1971, c. 698, s. 1.)

    Specifically mentions 'display.' Concealed, by definition, is not 'display.'
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  11. #11
    Regular Member EricDailey X-NRA's Avatar
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    14‑415.23. Statewide uniformity.

    Quote Originally Posted by Gunslinger View Post
    Cary cannot ban licensed, CC due to state preemption. Their ordinance is BS. OC is another issue, evidently.
    http://www.ncga.state.nc.us/EnactedL...14-415.23.html


    § 14‑415.23. Statewide uniformity.

    It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun.

    A unit of local government may adopt an ordinance to permit the posting of a prohibition

    against carrying a concealed handgun,


    in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  12. #12
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    http://www.ncga.state.nc.us/EnactedL...14-415.23.html


    § 14‑415.23. Statewide uniformity.

    It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun.

    A unit of local government may adopt an ordinance to permit the posting of a prohibition

    against carrying a concealed handgun,


    in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks. (1995, c. 398, s. 1.)
    You left off a key portion of the statute:

    A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), >>>>on local government buildings, their appurtenant premises, and parks. >>>>>

    "Only" in specified, government buildings and premises. It does mention parks, which is different than Colorado, but we ban firearms wherever a metal detector is used in a government building as well. The talk was of "public" places. Local governments do not, by statute, have the power to ban CC there in NC.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  13. #13
    Regular Member EricDailey X-NRA's Avatar
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    Open Carry

    Quote Originally Posted by Gunslinger View Post
    ... The talk was of "public" places. Local governments do not, by statute, have the power to ban CC there in NC.
    The OP (original post) was about open carry ban in Durham NC. My first post in this thread is about open carry ban in Cary NC. I don't know why you posted about CC. I don't know why you think it doesn't count that local governments CAN ban CC in their buildings and premises and, for now, CAN ban CC in their town parks.
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

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    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  14. #14
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    The OP (original post) was about open carry ban in Durham NC. My first post in this thread is about open carry ban in Cary NC. I don't know why you posted about CC. I don't know why you think it doesn't count that local governments CAN ban CC in their buildings and premises and, for now, CAN ban CC in their town parks.
    OP was concerned with "public places." It was incorrectly implied CC was prohibited there, hence my posts. As I said, every state bans CC in some government buildings, even CO. Jails and courts being the primes. As to banning CC in parks, that's stupid and something NC should change at the local level. That being said, CC is preempted with that single, unreasonable exception by the state. That was the only point I was trying to make. "Public" places are not banned CC locations by 'any' town/city.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  15. #15
    Regular Member EricDailey X-NRA's Avatar
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    >Implying CC

    Quote Originally Posted by Gunslinger View Post
    OP was concerned with "public places." It was incorrectly implied CC was prohibited there, hence my posts. As I said, every state bans CC in some government buildings, even CO. Jails and courts being the primes. As to banning CC in parks, that's stupid and something NC should change at the local level. That being said, CC is preempted with that single, unreasonable exception by the state. That was the only point I was trying to make. "Public" places are not banned CC locations by 'any' town/city.
    There is NO mention of cc in this thread until YOU mention cc. I do not follow your logic here. This thread is about open carry.
    Last edited by EricDailey X-NRA; 07-07-2011 at 12:48 PM. Reason: is,
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
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    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
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  16. #16
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    There is NO mention of cc in this thread until YOU mention cc. I do not follow your logic here. This thread is about open carry.
    •The Town of Cary does not allow the open or <<<<<<<<<<<concealed carry>>>>>>>>>> of a weapon while on any public property within our community including on greenways, in public parks or Town facilities, or in Town-owned parking lots. The ordinance does not allow the open carry of any firearm on public sidewalks or right-of-ways. See Section 22-51(a) of the Town of Cary Code of Ordinances.

    You linked this Cary ordinance in your first post. I was simply pointing out that Cary cannot ban CC on public areas. State preemption allows "display," qua OC regulations by towns; not banning CC. Therefore, the ordinance is unlawful. The thread is about Durham County, so your link of the Cary regulation called for clarification, imo. I worked in NC so am familiar with many of the ****** up laws. "Going armed to the terror of the people..."
    Last edited by Gunslinger; 07-07-2011 at 03:03 PM.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  17. #17
    Regular Member EricDailey X-NRA's Avatar
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    Yes, now...

    Quote Originally Posted by Gunslinger View Post
    •The Town of Cary does not allow the open or <<<<<<<<<<<concealed carry>>>>>>>>>> of a weapon while on any public property within our community including on greenways, in public parks or Town facilities, or in Town-owned parking lots. The ordinance does not allow the open carry of any firearm on public sidewalks or right-of-ways. See Section 22-51(a) of the Town of Cary Code of Ordinances.

    You linked this Cary ordinance in your first post. I was simply pointing out that Cary cannot ban CC on public areas. State preemption allows "display," qua OC regulations by towns; not banning CC. Therefore, the ordinance is unlawful. The thread is about Durham County, so your link of the Cary regulation called for clarification, imo. I worked in NC so am familiar with many of the ****** up laws. "Going armed to the terror of the people..."
    I see what you did there.

    Thanks for the help.
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
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    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
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    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  18. #18
    Regular Member EricDailey X-NRA's Avatar
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    Meet Up in Durham Friday July 8th 7 PM

    Quote Originally Posted by jeffrey xd45 View Post
    i was more worried about the display of a firearm ban as stated above section (a), making OC illegal, right?
    Quote Originally Posted by EricDailey X-NRA View Post
    From you OP on this ordinance I had to find out if there would be a problem for our scheduled Meetup.com Triangle Open Carry Event posted at the Meetup page for Friday July 8th at 7 PM in Durham City, NC at the Bob Evans restaurant on Mt. Moriah Road.

    After some research I called the Durham City Police attorney Ms. Toni Smith with the question about this ban on OC in Durham. Her response to me is that they have determined that there is no statutory authority for the ordinance. Ms. Smith told me the Chief of Police will be issuing a directive to the Department against any officer enforcement of this ordinance. The Department will advise the Durham City attorney that the Durham City council should correct this ordinance to comply with NC statutes.

    Much credit goes to you jeffrey and OCDO for this improvement.

    EDIT: this ordinance 46-23 is in fact for Durham City NC and not a Durham County NC ordinance.
    Thanks to jeffrey xd45 and OCDO we have an email statement from the Durham City Police Department Attorney that the ordinance is in violation of NC statutes.

    Please join us for the meet up in Durham NC Friday July 8th at 7PM Bob Evans Mt. Moriah road.
    The bigger the turnout we have the better for OC. It should be a lot of fun.
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  19. #19
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    Thanks to jeffrey xd45 and OCDO we have an email statement from the Durham City Police Department Attorney that the ordinance is in violation of NC statutes.

    So the next step is to take this letter to the next Durham City Council Meeting and INSIST that they remove this illegal code from their Municipal Codes.

    A large turnout of support would be very helpful, and I'm sure you could get half a dozen or more folks to show...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  20. #20
    Regular Member EricDailey X-NRA's Avatar
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    From Durham City Police Department Attorny

    Quote Originally Posted by Dreamer View Post
    So the next step is to take this letter to the next Durham City Council Meeting and INSIST that they remove this illegal code from their Municipal Codes.

    A large turnout of support would be very helpful, and I'm sure you could get half a dozen or more folks to show...
    I'll have a copy of the email message with me at the Meetup in Durham. It states that the DPD Chief will take appropriate immediate action to address this bad ordinance and the Department will notify the Durham City Attorney to advise the Durham city council to correct the ordinance when they return from summer recess.

    "...attention of the Chief of
    Police for immediate appropriate action. As I mentioned, the City
    Council has adjourned for a summer break, but I have brought this matter
    to the attention of the City Attorney so that we can address with
    Council. Thank you for bringing this issue to our attention...."

    The Meetup Event at Bob Evans restaurant on Mt. Moriah road is a very nice place with a big semi-private area for our group. The manager is friends with the operator of the place we had our last Event in Raleigh. We should get a warm welcome from them. I'd like to be able to tell him how many to expect later today. A big turnout would be very nice. Thanks.

    Bob Evans has a large parking lot at the back where we can assemble and go in. I hope to see folks there.


    Check out this Meetup with Triangle Open Carry http://meetu.ps/3d7t
    Last edited by EricDailey X-NRA; 07-08-2011 at 06:04 AM. Reason: link
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

  21. #21
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    I'll have a copy of the email message with me at the Meetup in Durham. It states that the DPD Chief will take appropriate immediate action to address this bad ordinance and the Department will notify the Durham City Attorney to advise the Durham city council to correct the ordinance when they return from summer recess.

    "...attention of the Chief of
    Police for immediate appropriate action. As I mentioned, the City
    Council has adjourned for a summer break, but I have brought this matter
    to the attention of the City Attorney so that we can address with
    Council. Thank you for bringing this issue to our attention...."

    The Meetup Event at Bob Evans restaurant on Mt. Moriah road is a very nice place with a big semi-private area for our group. The manager is friends with the operator of the place we had our last Event in Raleigh. We should get a warm welcome from them. I'd like to be able to tell him how many to expect later today. A big turnout would be very nice. Thanks.

    Bob Evans has a large parking lot at the back where we can assemble and go in. I hope to see folks there.


    Check out this Meetup with Triangle Open Carry http://meetu.ps/3d7t
    Good work and good luck!
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  22. #22
    Regular Member dmatting's Avatar
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    Ok, so after all that back and forth, what is the deal with the city of Durham? Is their ordinance against OC going to cause problems until the ordinance is reversed? I'm within the boundaries of the city quite a bit and would like to know what I can and cannot do in there.

    And if anyone can help point to these municipal codes, that would be helpful. I can't seem to find them myself.

  23. #23
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by dmatting View Post
    And if anyone can help point to these municipal codes, that would be helpful. I can't seem to find them myself.

    http://www.municode.com/library/Clie...spx?stateID=33

    Please not that many cities and towns are NOT included, because they have not made their municipal codes publicly available. Many cities don't even put their muni codes on their official city websites--you must go to the city building or local library to get them in print form. The only reason for this is to keep them secret or difficult for the public to access--there is NO other excuse...
    Last edited by Dreamer; 07-08-2011 at 07:17 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

  24. #24
    Regular Member dmatting's Avatar
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    Quote Originally Posted by EricDailey X-NRA View Post
    I'll have a copy of the email message with me at the Meetup in Durham. It states that the DPD Chief will take appropriate immediate action to address this bad ordinance and the Department will notify the Durham City Attorney to advise the Durham city council to correct the ordinance when they return from summer recess.

    "...attention of the Chief of
    Police for immediate appropriate action. As I mentioned, the City
    Council has adjourned for a summer break, but I have brought this matter
    to the attention of the City Attorney so that we can address with
    Council. Thank you for bringing this issue to our attention...."

    The Meetup Event at Bob Evans restaurant on Mt. Moriah road is a very nice place with a big semi-private area for our group. The manager is friends with the operator of the place we had our last Event in Raleigh. We should get a warm welcome from them. I'd like to be able to tell him how many to expect later today. A big turnout would be very nice. Thanks.

    Bob Evans has a large parking lot at the back where we can assemble and go in. I hope to see folks there.


    Check out this Meetup with Triangle Open Carry http://meetu.ps/3d7t
    Can you post the email here? This junk ordinance is really going to affect a lot of my normal activities if I want to OC - it sounds as though OCing at the Walmart, Lowes, etc can cause a problem with the way the ordinance is currently written. I can always CC but would rather not. I don't live in the city limits but most of the businesses that I frequent are in the city.

  25. #25
    Regular Member EricDailey X-NRA's Avatar
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    Better Yet.

    Quote Originally Posted by dmatting View Post
    Can you post the email here? This junk ordinance is really going to affect a lot of my normal activities if I want to OC - it sounds as though OCing at the Walmart, Lowes, etc can cause a problem with the way the ordinance is currently written. I can always CC but would rather not. I don't live in the city limits but most of the businesses that I frequent are in the city.
    Maybe you should call the Durham City Police Department Attorney and talk to her directly. She is familiar with the question. You could give us a report and that would be even more assurance on the situation.

    Ms. Toni Smith.

    edit: We had at least 5 OC'ers at the Meetup Friday July 8th. The Event was great fun. No problems. The Mt. Moriah Bob Evans has the best staff in the RTP.
    No one from Durham showed up but we will go back when we think folks will attend.
    Last edited by EricDailey X-NRA; 07-11-2011 at 05:33 PM. Reason: note:edit
    Get a DVR, a Digital Voice Recorder, carry it 24/7. It's cheap, easy and makes a good witness in Court.

    Triangle Open Carry Meetup
    http://www.meetup.com/r/inbound/0/0/...ry/?a=sharetxt
    This is a link for a "gunz r welcome" sign.
    http://www.gunlaws.com/images/unity.gif
    FORUM RULES (14)
    ....This web site is focused on the right to openly carry properly holstered handguns in daily American life.

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